Fire. No action where fire accidentally begins. Liability for neg. ligence in making a hay-rick, &c. thereof lawfully convicted by the oath of one or more credible witness or witnesses, made before two or more of his Majesty's justices of the peace shall forfeit and pay the sum of 100%. unto the churchwardens or overseers of such parish where such fire shall happen, to be distributed amongst the sufferers by such fire in such proportions as to the said churchwardens shall seem just; and in case of default or refusal to pay the same immediately after such conviction, the same being lawfully demanded by the said churchwardens, that then and in such case such servant or servants shall, by warrant under the hands and seals of two or more of his Majesty's justices of the peace, be committed to the common gaol or house of correction, as the said justices think fit, for the space of eighteen months, there to be kept to hard labour." (See the prior enactment of 6 Anne, c. 31. See the form of commitment, Vol. I. p. 512). Sect. 86 enacts, "That no action, suit, or process whatever shall be had, maintained, or prosecuted against any person in whose house, chamber, stable, barn, or other building, or on whose estate any fire shall after the said 24th day of June accidentally begin, nor shall any recompense be made by such person for any damage suffered thereby, any law, usage, or custom to the contrary notwithstanding, and in such case, if any action be brought, the defendant may plead the general issue, and give this act and the special matter in evidence at any trial thereupon to be had, and in case the plaintiff become nonsuited, or discontinue his action or suit, or if a verdict pass against him, the defendant shall recover treble costs, provided that no contract or agreement made between landlord and tenant shall be hereby defeated or made void." (See Co. Litt. 57, a. n.) It may be here observed, that in a recent case it was held, that an action lies against a party for so negligently constructing a hay-rick on the extremity of his land, that, in consequence of its spontaneous ignition, his neighbour's house is burnt. (Vaughan v. Menlove, 3 Bingh. N. S. 468; and see Turbervill v. Stamp, 1 Salk. 13). Using in progressive stages of manufacture of fire arms, barrels not duly proved. Fire Arms. 66 As to training to use of, and seizing arms, see tit. “ Riot," Vol. V. The Metropolis Police Act, 2 & 3 Vict. c. 47, s. 36, imposes penalties for having on board ships &c. in the Thames, between Westminster bridge and Blackwall, guns loaded with ball, or for discharging guns in the night. The 53 Geo. III. c. 115, enacts, that barrels of fire arms are not to be used, unless the same are duly proved, and imposes a penalty on persons using or selling barrels not duly proved. But these provisions are also for the most part contained in the 55 Geo. III. c. 59, intituled, "An Act for amending an Act of his present Majesty to ensure the proper and careful Manufacturing of Fire Arms in England, and for making Provision for proving the Barrels of such FireArms." By sect. 1, "Every person who shall use or begin to use, or cause or procure to be used, or to be begun to be used, either by ribbing, Fire arms. break-off fitting, rough-stocking, or other process, in any progressive state of manufacture in the making, manufacturing or finishing of any 55 Geo. 3, c. 59. gun, fowling-piece, blunderbuss, pistol, or other description of fire-arms, usually called small arms, any barrel which shall not have been duly proved, and marked as proved at the proof-house of the company of gunmakers of the city of London, or of the proof-house established under the provisions of the said recited act, (so long as such respective proof-houses shall be maintained for proving and marking the barrels of fire-arms), or some proof-house belonging to his Majesty, or other proofhouse to be established as a public proof-house, (and which public proof-house his Majesty is hereby authorized and empowered to establish under such regulations, as to the care and management thereof, as his Majesty shall think fit), shall respectively forfeit for each and every barrel so used, or begun to be used, or caused or procured to be used, or to be begun to be used, any sum not exceeding 201., to be recovered and applied as hereinafter mentioned." Sect. 2. "Every barrel for the making of, or proper or applicable for the making of any gun, fowling-piece, blunderbuss, pistol, or any other description of fire-arms, usually called small arms, shall be sent immediately from the manufacturers themselves to the proof-house of the company of gun-makers of the city of London, or to the proof-house established under the provisions of the said recited act, (so long as such respective proof-houses shall be maintained for the proving and marking the barrels of fire-arms), or some other proof-house established by law, before the same shall be delivered, or caused or procured or permitted to be delivered or sent for sale, or under pretence of sale, or be removed, consigned, or transmitted, or caused or procured to be removed, consigned, or transmitted for sale, or under pretence of sale, to any person whatsoever; and from and after the passing of this act, every person who shall deliver or send, or cause or procure to be delivered or sent for sale, or under pretence of sale, or who shall remove, consign, or transmit, or cause or procure to be removed, consigned, or transmitted for sale, or under pretence of sale, any barrel for the making of, or proper or applicable for the making of any gun, fowling-piece, blunderbuss, pistol, or any other description of fire-arms usually called small arms, from the place where the same shall have been manufactured, which shall not have been first duly sent to the proof-house of the said company of gunmakers of the city of London, or the said proof-house at Birmingham, or some other proof-house established by law, to be proved and marked under the provisions of the said recited act, shall forfeit for each and every barrel so sent, or caused or procured to be sent for sale, or under pretence of sale, or removed, consigned, or transmitted, or caused or procured to be removed, consigned, or transmitted for sale, or under pretence of sale, any sum not exceeding 201., to be recovered and applied as hereinafter mentioned." Sect. 3. "Every person who shall take or receive, or cause or procure to be taken or received, or permit or suffer to be received on his behalf any barrel, for the purpose of making or manufacturing, or proper or applicable for the making or manufacturing of any gun, fowling-piece, blunderbuss, pistol, or other description of fire-arms usually called small arms, directly or indirectly from the manufacturer thereof, or from any other person on his behalf, except from or through some one or other of such proof-houses as aforesaid, or unless the same shall have been first duly proved and marked as proved at the proof-house of the company of gunmakers of the city of London, or the proof-house established under the provisions of the said recited act (so long as such respective proofhouses shall be maintained for proving and marking the barrels of firearms) or some other proof-house belonging to his Majesty, or other public proof-house established as a public proof-house by law, shall forfeit for each and every barrel so received, or caused or procured to be received for the purpose, or proper or applicable for the purpose afore Barrels of fire-arms sent direct from proof-houses. manufacturers to Delivering &c. for sale, except through a proofhouse. Receiving barrels of fire-arms for purpose of making guns &c. not having passed proof-house and been proved. Fire arms. 55 Geo. 3, c. 59. Proof-master of company of gunmakers of city of &c. barrels of guns, &c. said, any sum not exceeding 207., to be recovered and applied as hereinafter mentioned." Sect. 4, reciting that "a proof-house has for a long time past been established and provided for proving the barrels of fire-arms, in or near the city of London, under the management and control of the company of gunmakers of the city of London, under and by virtue of a charter heretofore granted to the said company;" enacts, "that all barrels for the making, or proper or applicable for the making or manufacturing of London to receive, guns, fowling-pieces, blunderbusses, pistols, and other description of fire-arms, usually called small arms, which shall hereafter be taken to the proof-house of the said company of gunmakers of the city of London for proof, shall be proved by their proof-master for the time being, with powder of equal quality to the powder which is now used by the honourable board of ordnance, and according to, or not under the scale or table of proof mentioned and set forth in the said recited act; and the person having the charge, care, and management of the proof-house of the said company of gunmakers of the city of London, shall receive all barrels sent, consigned, or transmitted to the said proof-house for proof, and prove the same, and cause all such barrels, after the same have been proved, and (if found to be proof) marked, to be delivered to the persons for whom such barrels are directed, upon payment of all such charges as shall have been incurred in respect of the carriage and delivery of such barrels at the proof-house, and of the said company's charges for proving the same, and of the keeping of the same for proof, and delivery thereof to the person for whom the same are intended or Penalty for barrels shall be directed to be delivered to after proof: and in case any barrel so sent to the said proof-house to be proved shall not be received and proved thereat according to law, or shall be delivered or parted with, or permitted to be delivered or parted with, or to be taken away, which shall not have been so proved, and (if found to be proof) marked with the marks and according to the regulations of the said company of gunmakers of the city of London for the time being, then, and in every such case, the person so having the charge, care, and management of such proof-house for the time being, shall forfeit for each and every barrel which shall not be received and proved in manner before mentioned, and for each and every barrel which shall be so delivered or parted with, or permitted to be delivered or parted with or taken away, which shall not have been so proved, and (if found to be proof) marked as proved as aforesaid, the sum of 10s. to be recovered and applied as hereinafter mentioned." not proved, &c. Not to extend to Scotland or Ireland, or to arms made for his Majesty or East India Company, or certain barrels specified. Forging, &c. proof marks, or selling, &c. barrels with forged marks. Sect. 5. "Nothing in this act contained shall extend or be construed to extend to that part of the United Kingdom called Scotland, or to that part of the United Kingdom called Ireland, (except as to the forging marks, as in this act after mentioned), or to the proving of any barrels used in the manufacture of any musket, pistol, or other fire-arms, for the use of his Majesty's forces, or for the honourable East India company, or to any barrels of the description hereinafter mentioned; videlicet, any barrels in the forged ground, finished or in any other state of manufacture, which shall be made or consist of stub or twisted stub iron, or other barrels usually termed best barrels; (which said last-mentioned barrels may be, and are hereby allowed to be sent, bought, or received for the purposes aforesaid, in any number not exceeding the number of twenty, without being subject to any of the penalties of the said recited act or this act, except that such barrels shall be liable to the penalty for using barrels not duly proved and marked); and nothing in this act contained is to exempt or be construed to exempt such last-mentioned barrels from being proved and marked as required by the said recited act and this act." Sect. 6. "Every person who shall, in any part of the United Kingdom, forge or counterfeit, or cause or procure to be forged or counterfeited, or assist or join in forging or counterfeiting, any mark or stamp Fire arms. used, or which may be used at any proof-house for proving and mark- Sect. 7. "From and after the passing of this act, if any proof-master Proof marks put Sect. 8 repeals the regulation in stat. 53 Geo. III. c. 115, respecting the price of proving barrels. Sect. 9. "From and after the passing of this act, it shall and may be lawful for the said company to fix and regulate, from time to time, the sums to be paid for such proofs, so as that no higher sum shall in any case be demanded, taken, or received, for any barrel which shall be proved at such proof-house, and marked as proved under the said recited act or this act, than is hereinafter mentioned and set forth; that is to say First, for any common birding, Spanish, Dutch, Carolina musket, carbine, or other barrel, not being made of twisted or stub iron, nor above the calibre of six-eighths and a half, any sum not exceeding 6d. for each and every barrel. Secondly, for every pair of plain iron or brass holster or saddle pistol barrels, any sum not exceeding 6d. for each pair. Thirdly, for every barrel made of twisted or stub iron, any sum not exceeding 9d. for each and every barrel; and for every pair of stub or twisted pistol barrels, any sum not exceeding 9d. for each pair; and Fourthly, for any barrel above the calibre of six-eighths and a half, any sum not exceeding 1s. for each and every barrel; any thing in the said recited act contained to the contrary in anywise notwithstanding.'" Sect. 10. "That any and all offence and offences against this act shall and may be heard and determined in a summary way, by or before any two of his Majesty's justices of the peace for the county, riding, division, city, town, liberty, or place, where any such offence or offences shall be committed; and the conviction for the same may be had and made upon the oath or oaths of one or more credible witness or witnesses: and the amount of the forfeiture or penalty for any and every such offence or offences, shall be fixed and determined by such justices, 53 Geo. 3, c. 115, Offences and penalties, bow Fire arms. 55 Geo. 3, c. 59. Limitation of prosecutions. Form of conviction. Conviction filed. Appeal. not exceeding the sums hereinbefore mentioned; and one half thereof shall be paid and payable to the informer, and the other half thereof to the overseers of the poor of the parish or place where such offence shall be committed; and such justices may award and direct to be paid by any party, such costs as they shall judge reasonable; and in case any such forfeiture or forfeitures, or penalty or penalties and costs, shall not be forthwith paid pursuant to such conviction, and the person so convicted shall not signify his intention to appeal against such conviction, and forthwith enter into recognizance before such justices, himself in the penalty of a sum equal to double the amount of the penalty fixed as aforesaid, with two sufficient sureties in the penalty of a sum equal to the amount of the penalty fixed as aforesaid, each of lawful money of Great Britain, with condition to personally appear and prosecute such appeal at the next general quarter or general sessions of the peace, to be holden for the county, riding, division, city, town, liberty, or place where such offence or offences shall have been charged to have been committed, such justices shall, by warrant under their hands, cause the same penalties and costs to be levied by distress and sale of the offender's goods and chattels, together with the costs and charges attending such distress and sale; and in case no sufficient distress can be had, such justices shall, by warrant under their hands, commit the offender to the common gaol or house of correction within their jurisdiction, there to remain without bail or mainprize for any time not exceeding six calendar months." Sect. 11. "The said respective companies of gunmakers, their officers, servants, or agents, shall not, nor shall any of them be subject or liable to any prosecution or information by virtue of this act or the said recited act, for any offence or offences against this act, unless such prosecution shall be commenced, or information given, within six calendar months next after the offence or offences committed." Sect. 12. "The justices before whom any person or persons shall be convicted of any offence or offences against this act, may cause any such conviction to be drawn up on parchment or paper, in the form or to the effect following; that is to say to wit. day of Be it remembered, that on the in the year of our Lord is convicted before us [naming the justices] of her Majesty's justices of the peace for the county of [or, riding, city, liberty, division, town, or place], for that the said [here state the offence], contrary to the statute made in the fifty-third year of the reign of King George the Third, intituled An act to insure the proper and careful manufacturing of fire-arms in England, and for making provision for proving the barrels of such fire-arms,' and contrary to the provisions of an act passed in the fifty-fifth year of the same reign, intituled 'An act,' [here set forth the title of this act, ante, 40]: and we, the said jus tices, do hereby adjudge and determine the said for the said offence to forfeit and pay the sum of of lawful money of Great Britain; and do order one thereof to be forthwith paid by him the said to [the informer], and the other thereof to the overseers of the poor of the parish of [where the offence was committed] and we the said justices do also award and direct the said forthwith to pay to the sum of Given under our hands the day and year above written." for costs. And every such conviction shall be transmitted by such justices to the next general sessions or general quarter sessions of the peace to be holden for the county, riding, division, city, town, liberty, or place, wherein such conviction was had, to be filed and kept amongst the records of the said general sessions, or general quarter sessions." Sect. 13. "If any person convicted of any offence or offences punishable by this act, shall think himself or herself aggrieved by the judgment of the justices before whom he or she shall have been convicted, such person shall have liberty to appeal from every such conviction to the next court of general sessions, or general quarter sessions of the peace, which shall be held for the county, riding, division, city, town, |